ORDER ATTA-UR'RAHMAN, J.- This order will dispose of 10 bail applications filed by Shamas Panhwar v. The State (Cr.B.A.,No. S- 561/2001), Hajan alias Papu v. The State (Cr.B.A.No.S-573/2001), Muhammad Paryal v. "The State (Cr.B.A. No.S-572/2001), Uris Ghanghro v. The State (Cr.B.A. No. S-590/2001), Ghulam Nabi GHanghro v. The State (Cr.B.A. No. S-591/2001), Mehrab Ghanghro v. The State (Cr.B.A. No.S-592/2001), Dodo Ghanghro v. The State (Cr.B.A. No. S-593/2001), Nizakat Ali v. The State (Cr.B.A. No. S-597/2001) and - Ali Haider v. The State (Cr.B.A. No. S-603/2001). In all these cases the applicants have been booked u/S. 7(C) of the Surrender of Illicit Arms Act, 1991 (Act XXI of 1991) hereinafter referred to as the Act.
2. Before proceeding further the relevant Sections 1, 4, 6 No 7(C) of the Act are reproduced hereunder: "Section 1. Short title, extent and commencement. (1)- This Act may be called the Surrender of Illicit Arms Act, 1991.
(2) It extends to the whole of Pakistan.
(3) It shall come into foree in such areas and on such date as the Federal Government may, on recommendation of the respective Provincial Government, by notification in the official Gazette appoint; and different date may be so appointed in respect of different areas.
Section.
4. Surrender of illicit arms.( 1)- All person sin possession or control of any illicit arms shall surrender such arms within such time as is notified by the Federal Government to the Deputy Commissioner, Assistant Commissioner or officer-in-charge of a Police Station within whose jurisdiction such persons ordinarily reside or to such other authority as may be specified by the Federal Government by notification in the official Gazette.
Section.
6. Publicity for surrender of illicit arms.- (1) The Federal Government and the Provisional Government shall give vide publicity to the provision of this Act on the media including television, radio, national , and Regional Pres in Urdu.
English and Regional languages or by any other mode as may be prescribed.
(2) There shall be publicly displayed a count down of every expired day of the period allowed for surrender of illicit arms under this Act and number of days left for such surrender.
Section 7. Punishments.- (1) Whoever contravenes the provisions of Section 4 or Section 5 or fails to surrender illicit arms shall,
(a) ..................
(b) ..................
(c) in respect of illicit arms defined in sub-clause (v) of clause (a) of Section 2, be punished with imprisonment for a terms which may extend to fourteen years but shall not be less than three years, having? Regard to the antecedents of the accused.
(d). ...............
(e) ................
3. A perusal of the above provisions, show that in first step the Federal Government is to issue a Notification under sub-section (3) of Section 1 enforcing the Act in a province on a specific date.
This step has been taken and the Federal Government by Notification No. 108(KE)/2001, dated 15th June, 2001 enforced the Act in Province of Sindh w.e.f 20.6.2001. The Notification is reproduced hereunder.
"MINISTRY OF INTERIOR AND NARCOTICS CONTROL (Interior Division)
NOTIFICATION Islamabad, the 15th June, 2001.
S.R.O. 108(KE)/2001.
In exercise of the powers conferred by sub-section (3) of Section 1 of the Surrender of Illicit Arms Act, 1991 (XXI of 1991), the Federal Government on the recommendation of the respective Provincial Government, is pleased to appoint the dates specified in column (3) of the table below to be the dates on which the said Act shall come into force in the areas specified in column (2) thereof.
TABLE 270 THE GAZETTE OF PAKISTAN. EXTRA S. No. Area Dates on which Act XXI of 1991 shall come into force.
2....................
3....................
4. The whole of the Province of Sindh 20th June, 2001 5.......................................... AMIR KHAN WAZIR Section Officer (Arms)."
4. Next step for the Federal Government is to issue Notification u/S. 4 of the Act disclosing the specific time and the authority on which and before whom the illicit arms are to be surrendered.
And in the last step under Section 6, wide publicity of the ingredients of the Notification u/S. 4 is to be made. By the Federal Government. After the above is done only then provision of Section 7(C) of the Act can be invoked.
5. During the hearing of these applications it was enquired form the Additional Advocate General as to whether a notification u/S. 4 has been issued. He took time to seek instructions. This was necessitated as the police started taking actions with effect form 20th June, 2001, a date which pertains to the. Notification u/S. 1(3) whereby the Act was made enforceable in the Province of Sindh.
6. Learned counsel appearing for the State informed the Court hat they had by letter dated 14th of September, 2001 to the Secretary Law, Province of Sindh ascertained about the Notification u/S. 4 and hevorally informed them that no such Notification is available with his department.. On enquiry, my learned brother Fakir Muhammad Khokhar, J. The Secretary of law, Ministry of Justice, Government of Pakistan, Islamabad also confirmed the non-issuance of Notification u/S, 4 of the Act.
7. The sum up is that in the absence of a Notification u/S. 4 and wide publicity as envisaged in Section 6 no case u/S. 7 of the Act can be registered against the applicants. It appears that the Government functionaries treated the. Notification No. 108(KE)/200l, dated 15th June, 2001 issued under Section 1(3) of* the Act as a notification u/S. 4 and registered cases u/S. 7(C) with effect from 20th June, 2001. The maximum sentence u/S. 7(C) is 14 years therefore, the challans were submitted by the police in the Court of Sessions.
8. The F.I.Rs, in these cases, u/S. 7(C) of Act are therefore, without force of law. The F.I.Rs., however, be treated as registered under the provisions of Arms Ordinance, 1965 and to be tried by the Courts having jurisdiction therefor. The Sessions Courts h ave no jurisdiction to try these matters therefore orders passed by them on the bail applications are set aside. Applicants may apply for bail by filing fresh applications before the respective Trial Courts for seeking relief. The R & Ps of these- cases pending with the Courts of Sessions are to be sent to the Court of respective jurisdiction. The case of Hussan Ahmed v. The State (1992 M.L.D. 1618) is referred. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.